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Bill > HF416

IA HF416

IA HF416
A bill for an act relating to open meetings and open records, providing penalties, and making penalties applicable.(See HF 706.)

summary

Introduced
02/13/2025
In Committee
02/13/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

Under current law, a court is required to assess a person who participated in a violation of Code chapter 21 (open meetings) damages between $100 and $500. This bill increases the damages to between $500 and $2,500. Under current law, if a violation was knowingly committed, a court is required to assess the person damages between $1,000 and $2,500. The bill increases the damages to between $5,000 and $12,500. The bill requires a court to issue an order removing a member of a governmental body from office if that member has engaged in a prior violation of Code chapter 21 regardless of whether damages were assessed against the member during the member’s term, which is a prerequisite to removal under current law. The bill requires a newly elected or appointed public official who is a member of a governmental body to complete a course of training regarding the responsibilities of the governmental body and the governmental body’s members under Code chapters 21 and 22 (open records) not later than the 90th day after the date the member takes the initial oath of office or assumes responsibilities. The bill requires the Iowa public information board to ensure that the training is made available. The board may provide the training and approve any acceptable course of training offered by a governmental body or other entity. The board shall ensure that at least one course of training approved or provided by the board is available at no cost. The bill requires the board or other entity providing the training to provide a certificate of course completion, which the governmental body must make available for public inspection. The bill provides that if a member fails to complete the required training, the failure does not affect the validity of an action taken by the governmental body. However, the member must complete training within 60 days or may be subject to damages pursuant to Code section 21.6. The bill’s provisions relating to a course of training do not apply to the judicial or legislative branches of state government or any entity, officer, or employee of those branches, or to the governor or the office of the governor.

AI Summary

This bill strengthens regulations around open meetings and public records in Iowa by making several key changes. First, it increases financial penalties for violations of open meetings laws, raising damages from $100-$500 to $500-$2,500 for general violations, and from $1,000-$2,500 to $5,000-$12,500 for knowingly committed violations. The bill also modifies the removal process for governmental body members who violate open meetings laws, allowing removal even if damages were not previously assessed during their term. Additionally, the bill introduces a mandatory training requirement for newly elected or appointed public officials, requiring them to complete a 1-2 hour course on open meetings and open records responsibilities within 90 days of taking office. The Iowa Public Information Board is tasked with ensuring this training is available, including at least one free course option. While failure to complete the training does not invalidate governmental body actions, members who do not complete the training within 60 days may be subject to damages. The bill explicitly excludes the judicial, legislative branches, and the governor's office from these training requirements, and ensures that training completed for one governmental body satisfies requirements for other bodies and committees.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Withdrawn. H.J. 871. (on 03/31/2025)
(1 Companion Bills)

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